Revisional Jurisdiction of The High Court under Section 401, Cr. P.C., 1973

Author: Sushant Rochlani It is a well-recognised principle of the common law tradition that ‘no one should be left without any remedy’. Down the centuries this principle has identified itself as a part of the natural justice, which runs as a golden thread throughout the Criminal Procedure Code. So, in those cases where no right to appeal is afforded...

Justification of Vicarious Liability

Author : Sourabh Prakash Ahirwar Vicarious liability may be imposed on a person for loss or injury resulting from the wrongdoing of another person, even though the person who is vicariously liable may not have been personally at fault.  Vicarious liability in tort arises by virtue of the relationship between the wrongdoer and the person who is vicariously liable. The doctrine of vicarious liability...

Kelsen and his Pure theory of Law

Author: Sushant Rochlani At the age of three, Kelsen’s family, of German-speaking, Jewish and middle-class origins, moved to Vienna, where Kelsen pursued his academic studies. In 1906 he was awarded a doctorate in law, even though his lifelong interests were largely concentrated in the humanistic and classical fields (philosophy, literature, logic,...

Role of General principles in the effective working of European Convention on Human Rights

Law
Sandeep Menon Nandakumar1. The European Convention on Human Rights, though a regional Convention, is one of the most successful systems of protection of human rights in the international scenario especially with its effective judicial system, supervisory function of the Committee of Ministers and with the application of its unique principles of democracy,...